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Ordinance No. NS-XXX <br />Page 43 of 68 <br /> <br /> <br />Code to assure that the operations of the collective are in compliance with California law <br />and to mitigate the adverse secondary effects from operations of dispensaries. <br />Sec. 40-103. Operating Standards. <br />(a) No recommendations from a doctor for medical marijuana shall be issued on-site. <br />(b) A collective shall only dispense medical marijuana to qualified patients and their <br />caregivers as defined by California Health and Safety Code § 11362.5 (Proposition <br />215). This shall include possession of an original valid doctor's recommendation, not <br />more than one (1) year old, for medical marijuana use by the patient. <br />(c) A collective shall notify patrons of the following through posting of a sign in a <br />conspicuous location: <br />(1) Use of medical marijuana shall be limited to the patient identified on the <br />doctor's recommendation. Secondary sale, barter or distribution of medical <br />marijuana is a crime and can lead to arrest. <br />(2) That loitering on and around the collective site is prohibited by California Penal <br />Code § 647(e) and that patrons must immediately leave the site and not consume <br />medical marijuana in the vicinity of the collective or on the property or in the parking <br />lot. <br />(3) Forgery of medical documents is a felony crime. <br />(4) A warning that patrons may be subject to prosecution under federal marijuana <br />laws. <br />(5) That the use of medical marijuana may impair a person's ability to drive a motor <br />vehicle or operate machinery. <br />(d) A collective shall not provide marijuana to any individual in an amount not consistent <br />with personal medical use <br />(e) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of <br />the marijuana plant may be kept or maintained on-site for distribution to qualified <br />patients and primary caregivers as follows: <br />(1) The cuttings shall not be utilized by a collective as a source for the provision <br />of marijuana for consumption on-site, however, upon provision to a qualified patient <br />or primary caregiver, that person may use the cuttings to cultivate marijuana plants <br />off-site for their own use and they may also return marijuana from the resulting <br />mature plant for distribution by the collective. <br />(2) For the purposes of this paragraph, the term "cutting" shall mean a rootless <br />piece cut from a marijuana plant, which is no more than six (6) inches in length, and <br />which can be used to grow another plant in a different location.